Kenya: Al Shabaab Lurks

Interesting (and pause-giving) article from Paul Hidalgo at Foreign Affairs "Why the Showdown Between Kenyatta and Odinga is Empowering al Shabaab":

The current political upheaval and conflict in Kenya could not have been better scripted for the Islamist militant group al Shabaab. Its continued attacks have successfully pitted the country’s two top politicians, President Uhuru Kenyatta and his main rival, Raila Odinga, against each other in a high-stakes game of political brinkmanship that could plunge Kenya into another toxic ethnic conflict -- exactly the kind of environment in which a group like al Shabaab can thrive.
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Al Shabaab is relishing every moment. A divided Kenya is ideal for the militant group. With the Kenyan political elite consumed by infighting, and with security forces busy keeping the peace (or picking sides), the already porous Kenya–Somalia border would all but dissolve, giving al Shabaab fighters free reign as they strengthen their bases and increase recruitment efforts in Kenya.
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You can read the whole thing with a free registration.

Kenya has been an ally in the Long War Against Terrorist Groups (LWATG), its disintegration into warring faction would be . . . "unhelpful."

As you can see from this old (1974) map, there is a tribal flavor to Kenya and there are a grunch of Somali refugees sitting in Kenya.

A sort of background article (from a sort of "leftist" view) from 2008 Beyond 'Tribes': Violence and Politics in Kenya:

When Nobel Prizewinning author Ngugi wa Thiong'o says that the present conflict is more about class than ethnicity, he is right. Talk of "tribes" is essentially a cover for more basic class divisions that have been exacerbated, first by colonial and more recently by corrupt governments in Kenya.

While the author points the finger at "global capitalism" as setting the table for economic chaos in Kenya, one could argue from the same set of data that the issue was the stifling of capitalism by the various governments that have held power in Kenya due to corruption and other factors, especially self enrichment by government agents through bribery:

Bribes at every level—from those collected from small business owners by impecunious police whose government pay has been siphoned off by corrupt officials up the line, to those paid by the middle class to obtain licenses of some kind, to those paid by international contractors/corporations in order to be treated preferentially in Kenyan business contracts—have also impeded the achievement of a stable prosperous economy.

Indeed, governmental corruption has contributed directly to the current breakdown of order in Kenya. With funds diverted to further enrich the rulers, the government has left its citizens at the mercy of all forms of violence. Several years ago in northern Kenya there was a cross-border attack from Ethiopia caused by intra-clan camel and cattle rustling that resembled strongly the better publicized Darfur raids. The feud resulted in a massacre in which an Ethiopian branch of a clan, related to those attacked, destroyed a Kenyan village, killing all of its inhabitants. One of the victims had the presence of mind to call the police on his cell phone, but it took three hours for the police to arrive because they did not have a vehicle. Money for such things usually disappears before reaching those whose job it is to keep order. The only survivors were two persons buried alive in a pile of bodies.

It hardly seems fair to blame "international capitalism" for every corrupt official who stands in the path of local business owners making their way. Be that as it may, the author does note:

Fast forward to post-independence and contemporary Kenya. When Kenyatta followed ethnic preferences in the redistribution of land that took place after independence, much of the land went to a small Kikuyu elite. Some established or took over highland plantations and continued to employ locals as labor. President Moi, in particular, during his long reign shamelessly created, manipulated, and advertised "tribal" loyalties in an effort to control the population and enrich certain powerful social groups.

So, the local government decides to exploit a system that allows a small minority to push down larger groups for the minorities benefit? I think there is a term for this - "oligarchy"

CIA World Factbook report on Kenya's economy:

Kenya has been hampered by corruption and by reliance upon several primary goods whose prices have remained low. Low infrastructure investment threatens Kenya's long-term position as the largest East African economy, although the Kenyatta administration has prioritized infrastructure development. International financial lenders and donors remain important to Kenya's economic growth and development. Unemployment is high at around 40%. The country has chronic budget deficits. Inflationary pressures and sharp currency depreciation peaked in early 2012 but have since abated following low global food and fuel prices and monetary interventions by the Central Bank. Recent terrorism in Kenya and the surrounding region threatens Kenya's important tourism industry. Kenya, in conjunction with neighboring Ethiopia and South Sudan, intends to begin construction on a transport corridor and oil pipeline into the port of Lamu in 2014.

So, you've got some 45 million Kenyans, (Christian 82.5% (Protestant 47.4%, Catholic 23.3%, other 11.8%), Muslim 11.1%, Traditionalists 1.6%, other 1.7%, none 2.4%, unspecified 0.7% (2009 census)), some goodly number who just might be unhappy with their government for reasons having little to do with al Shabaab's agenda, but who might not be disinclined to have things shaken up a bit.

How much that "bit" is - well, al Shabaab lurks.

By the way, there is another article at Foreign Affairs now worth contemplating, State of Imbalance: Why Countries Break Up
by Benjamin Miller:

There seems to be little connecting recent violence in the former Soviet space to ongoing bloodshed in the Middle East. In one place, a neo-imperialist power is attempting to reassert itself in a region that it ruled not so long ago. In the other, sect-based militant groups are grabbing up territory by the mile.

Even so, both conflicts spring from a common source, as do a host of other major conflicts around the world. In each, there is a mismatch between state boundaries and national identities -- a state-to-nation imbalance. The state is a set of institutions that administer a certain territory; the nation is made up of people who, in their view, share common traits (language, history, culture, religion) that entitle them to self-rule.

Are we simply kiving in a time of a realignment of states and national identities? Read the whole thing.

The War with Iran: Kenya Convicts Iranian Bomb Plotters

VOA reports Kenyan Court Convicts Two Iranians of Planning Attacks:

A Kenyan court has found two Iranians guilty of possessing explosives,

allegedly for use in bomb attacks on Western and Israeli targets.

Ahmad Mohammed and Sayed Mousavi were arrested in June 2012 and charged with possessing 15 kilograms of the explosive RDX.
***
In issuing Thursday's judgement, Magistrate Kiarie Waweru praised the actions of the police in arresting the men and stopping a potential "catastrophe.".

More from the AP here:

Iranian agents are suspected in attacks or thwarted attacks around the globe in recent years, including in Azerbaijan, Thailand and India. Most of the plots had connections to Israeli targets.

Kenyan anti-terror officials said the Iranians are members of Iran's Islamic Revolutionary Guards Corps Quds Force, an elite and secretive unit.

Asymmetric warfare is still war.

East Africa Counter-Piracy: Kenya finally brings patrol ship home

It's been a struggle, but Kenya finally has a naval patrol ship for counter-piracy operations, as reported at Kenya's New Naval Warship To Boost Fight Against Piracy:

The naval warship finally docked at the Kenya's port of Mombasa on Wednesday after more than 7 years since it was ordered by the Kenya Navy.

Kenyan military officials said they expect the US$55 million ship to play a crucial role in the fight against rampant piracy off the coast of Somalia and terrorism in the country.
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The naval warship finally docked at the Kenya's port of Mombasa on Wednesday after more than 7 years since it was ordered by the Kenya Navy.

Kenyan military officials said they expect the US$55 million ship to play a crucial role in the fight against rampant piracy off the coast of Somalia and terrorism in the country.
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The procurement of the MV Jasiri is expected play a major role in boosting the country surveillance on threats posed by suspected Somalia pirates and Al- Shabaab terror groups.

Somali Pirates: Kenya's Punitive Expedition Hurting Their Business?

According to a report from the Kenyan Business Daily Africa, Kenya's punitive expedition into Somalia is having an impact on the business of the Somali pirates, as reported in Kenya’s Somali incursion cuts piracy costs in Indian Ocean:

Kenya’s operation against Al Shabaab in Somalia has helped reduce ransom demands on captured ships as pirates seek to close deals before a battle between the militants and Kenyan forces at Kismayo.
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Shipping experts said that the amount of ransom demanded by pirates for vessels had dropped by about 50 per cent and could fall further in coming days once “Operation Linda Nchi” (Defend the Country) is completed.

“Initially, the pirates holding captive the Algerian flagged MV BLIDA were demanding $6 million to release the vessel and her multi-national crew. But a package of $3.5 million was delivered on the vessel and they freed it,” said Andrew Mwangura, the Seafarers’ Assistant Programmes (SAP) coordinator.

It is believed that the militants offer protection to pirates in exchange for cash, arms and logistics in a pirate value chain estimated to be worth between $4.9 billion and $8.3 billion.
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Maritime sources privy to ransom negotiations in Mombasa said the military campaign had tilted negotiations in favour of vessel owners as pirates rush to close deals.
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“Pirates are keener than before to make sure that negotiations for the release of at least nine vessels held in Somali are completed,” said a manager at one of a Mombasa-based shipping agents, who wished to remain anonymous. “It is clear the trend is due to the military operation in Somalia.”

Most of us who have been watching the Somali pirates for any time have noted that the key to their defeat was on the ground in Somalia.

Kenya and "Somalia" (presumably the recognized "government" of Somalia) have joined forces to fight the al Qaeda related militant group Al-Shabaab, as reported here:

Kenya and Somalia governments on Tuesday declared militant group Al-Shabaab, which has been terrorizing residents of the two neighbouring nations a "common enemy" and vowed to subdue its fighters.

In a joint communique issued in Nairobi after a meeting between the two governments in Mogadishu earlier on Tuesday, the two sides agreed to develop a common political and security strategy to address the threat posed by the militia.

"The two sides agreed to continue working together to stabilize Somalia and to stamp out the threats of the Al-Shabaab elements, especially terrorism, piracy, abductions, extortion, ransom demands and other international crimes," the joint statement said.

The meeting in Mogadishu was attended by Somalia President Sheikh Ahmed Sharif and Kenyan delegation led by Foreign Minister Moses Wetangula and his Defence counterpart Yusuf Haji.

During the meeting, the two sides agreed to cooperate in undertaking security and military operations in the Lower Juba regions of Somalia and to undertake coordinated pre-emptive action, and pursuit of any armed elements that continue to threaten and attack both countries.

"In this regard, both sides agreed to revamp the joint mechanism to ensure enhanced cooperation and coordination in all aspects," the statement said.

This provides cover for the Kenyan incursion, which began shortly after intruders from Somalia began assaulting the Kenyan coast and kidnapping aid workers and killing and kidnapping tourists from beach resorts. See here for background. Al-Shabaab has also been active in Kenya, working to destabilize that country, too.

Criminals Grab Disabled French Woman from Kenyan Island

Or, as the BBC puts it, "French woman kidnapped in Kenya resort":

A French woman has been kidnapped by an armed gang on Kenya's northern resort island of Manda, officials say.

The elderly woman - who is said to be disabled - was attacked at a rented thatched bungalow at Ras Kitau.

Witnesses said they heard shots being fired before the woman was taken away in a motorboat.

Two coastguard ships later surrounded the boat carrying the attackers and the hostage near the Somali border, Kenya's tourism minister said.

Najib Balala added that the attackers were firing into the air - apparently to try to scare off the vessels.

A police helicopter is also taking part in the rescue operation.

Whether the attackers are Kenyan, Somali or some combination thereof, they are certainly among the scum of the earth.

Somali Gunmen Attack British Tourists at Resort in Kenya

NY Times report Somali Gunmen Attack British Tourists at Kiwayu Resort in Kenya:

A boatload of Somali gunmen attacked an exclusive beach resort in Kenya on Sunday, killing a British tourist and kidnapping his wife before racing back into Somalia, Western diplomats said.

American officials were initially concerned that the strike might have been connected to the 10th anniversary of the Sept. 11 attacks and that the gunmen were Islamist militants looking for Americans. But Western diplomats were leaning away from that theory on Sunday night, though they said they were still uncertain about the motive for the attack.

The resort, Kiwayu Safari Village, is just south of the Somali border and is one of the most expensive destinations in Kenya, where guests stay in $1,300-a-night bungalows at the water’s edge and are summoned to feasts at night by the trumpeting of a conch shell. Prince William and Mick Jagger are said to have vacationed there.

The gunmen attacked under the cover of darkness, zooming up to the beach in a skiff shortly after midnight, the Western diplomats said.

It was not clear how the British tourist was killed, but officials said the gunmen sped away with the dead man’s wife, heading toward Ras Kamboni, Somalia, a well-known hide-out for Islamist militants.

Another report on the same incident from the BBC here:

A British man has been killed and his wife kidnapped from a Kenyan resort, Kenyan police say.

The married couple were staying at the luxury Kiwayu Safari Village, north of Lamu Island, when armed men attacked.

Kenyan officials said a police officer saw six men taking away a woman in a speed boat.

Tourist resorts have not been targeted before but the site is near Somalia and Somali pirates could be involved, a BBC reporter says.

Pirates? Looking for a new means of making money? The long term prospects for this approach seems pretty slim.

Somali Pirates: Kenya Set Up Anti-Pirate Security Zone

Reported here:

Maritime authorities have created a security corridor for ships entering the Port of Mombasa to counter piracy attacks on Kenya’s territorial waters.

Vessels will be required to wait at the four identified co-ordinates, which according to the Kenya Maritime Authority (KMA) is a corridor of 10 by 20 nautical miles from the Port of Mombasa.

“The area is a security zone within which patrols by the Kenyan Navy have been enhanced to provide security for vessels waiting berthing at the port,” KMA director Ms Nancy Karigithu said.

Fishing boats, skiffs and leisure boats will be required to keep off the corridor, which will help identify any pirate skiff that approaches the corridor.

While not an ideal solution, at least it suggests that Kenya is going proactive in its defenses against Somali pirates who are increasingly intruding into Kenyan waters.

Somali Pirates: "Accessories"

Allegations of a loose international Somali piracy support "group" found at Shiptalk:

The World Peace Foundation has released a report which claims that Kenya is a country whose firms are strongly responsible for the piracy taking place along the Somali coast. The Foundation is an international think-tank joining scholars, diplomats, lawyers, military officers and maritime partners collaborating to end piracy.

According to the report, some 1,500 pirates are active in Somalia, an enterprise organized in seven syndicates with a “few bosses” in charge of the associated ventures. Mainly, they are all headquartered in Kenya, Dubai, Lebanon, Somalia and certain European countries.
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A maritime official on condition of anonymity admitted knowledge of a select few law, security, aviation and shipping companies in Mombasa and Nairobi involved in negotiating the release of hijacked vessels and the payment of ransoms.

Well. not really all that surprising, is it?

That the "money guys" behind the pirates are unlikely to be found in Somalia has long been understood - and an "all cash" ransom system almost necessitated paying protection money along the path to both the pirates, the local infrastructure supporting the captive ships and the big money boys.

Someone is providing money for those new Yamaha outboards for the pirate skiffs . . .  and getting the motors to the pirate . . . and the fuel . . . etc.

In short, pirates have logistics issues, too, and in this world, money greases the wheels of support.

Legal aspects of "accessories" - a Wikipedia discussion here:

An accessory is a person who assists in the commission of a crime, but who does not actually participate in the commission of the crime as a joint principal.
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. . . An accessory must generally have knowledge that a crime is being, or will be committed. A person with such knowledge may become an accessory by helping or encouraging the criminal in some way, or simply by failing to report the crime to proper authority. The assistance to the criminal may be of any type, including emotional or financial assistance as well as physical assistance or concealment.

I don't think the international law of piracy, such as it is, covers "accessories" to piracy. Some jurisdictions make accessories "accomplices."

Under U.S. common law, there are degrees of culpability, as set out here:

Anyone who intentionally participates in a crime or helps a criminal before or after a crime may be held responsible for the crime under accomplice liability.
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To distinguish the criminal culpability of one from another, the common law developed specialized terms for the various ways in which one could be an accomplice. For instance, a "principal in the first degree" was the person who actually carried out a crime. A "principal in the second degree" (an "aider and abettor") was a helper who was present at a crime scene but in a passive role, such as acting as a "lookout." An "accessory before the fact" was a helper who was not present at the crime scene. While some state laws retain the common law terminology, few states make any distinction between the criminal liability of crime perpetrators and their accomplices. All can be punished equally, whether they actually perpetrate a crime or only help bring it about.
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An accessory after the fact is someone who, knowing that a felon has finished committing a crime (usually the crime has to be a felony), helps the felon avoid arrest or trial. In most states, accessories after the fact face far less punishment than accomplices or principals.

Somali Pirates: Kenya Trials Slowed by Absent Witnesses

Reported here:

Piracy trials are being delayed by witnesses who fail to show up in court, a magistrate has said.

Mombasa chief magistrate Rosemelle Mutoka said prosecuting pirates was “pretty straightforward” and often simpler than other cases.

She said the missing witnesses had stalled the trials of 84 suspected pirates at the Shimo la Tewa Prison.

“They are very easy cases,” Ms Mutoka said.

“The problem is witnesses. Sometimes you have to adjourn a case for up to four times.”

Ms Mutoka was speaking to the new UN special adviser on legal issues related to Somali piracy, Mr Jack Lang, who is visiting Kenya.

***

She said Europe-based captains of hijacked ships often refused to come to Kenya, citing safety fears.

The chief magistrate challenged Mr Lang to produce the witnesses, saying she would soon close the cases.

“If you bring 10 to 15 witnesses, we can finish this in a week or two,” she said.

Kenya has convicted 43 Somali pirates, sentencing them from five to 20 years in Kenyan prisons.

Kenya: "No more pirate trials here"

Reported as "Kenya refuses to host Somali pirate trials":

"Arresting, prosecuting and incarcerating pirates here exposes Kenya to these very serious security challenges," Adan Keynan, chairman of Kenya's Parliamentary Committee on Defense and Foreign Relations, said. "It's not in the interest of Kenyans to try Somali pirates here."

Warships belonging to the EU and others have been patrolling the sea off the East African coast in an effort to end pirate activity with the result of more than 100 Somalis being captured at sea, the BBC reported in its Saturday edition.

Dozens of suspected pirates were handed over to Kenyan authorities to face justice, but they now say their prisons are overcrowded and can ill afford more prisoners from Somalia.

Another arrow removed from the anti-piracy quiver.

A Piracy Conviction in Kenya

European Union Naval Force Somalia - Operation Atalanta | Verdict for the first EU NAVFOR case in Kenya:

The conviction involved seven Somali men accused of acts of piracy. The presiding Chief Magistrate, the Hon Rosemelle Mutoka CM, delivered the verdict at the Mombasa Law Courts on 6 September, sentencing the seven Somali men accused to prison sentences of five years as from the judgement date.

The conviction relates to the attack on the FGS SPESSART, a Rhoen – class tanker of the German Navy, on 29 March 2009. The attack by seven men aboard a single pirate skiff was repelled by the onboard security detail. The skiff was then tracked through the combined efforts of three multinational taskforces and finally apprehended by the German frigate FGS RHEINLAND-PFALZ, operating as part of EU NAVFOR.

EU NAVFOR has to date transferred 9 groups of suspected pirates comprising 75 individuals to the Kenyan authorities for prosecution in the Kenyan national courts.

It's a start.

Somali Pirates: No Peace at Sea, No Justice in Kenya for Somali Pirates

According to Shiptalk, Kenya wants out of the Somali pirate trial business:

Kenya has formally announced it wishes to stop the prosecution of suspected Somali pirates and cancel the agreements it has to that effect with several naval powers, diplomats said Thursday. The Kenyan authorities have sent “cancellation notes” to at least two of those powers’ diplomatic representations in Nairobi, arguing it could no longer bear the burden on its prison and court systems.

Kenya has memoranda of understanding with the European Union, United States, Canada, Denmark, China and United Kingdom whereby it takes in suspects intercepted at sea and prosecutes them in courts in Mombasa.
***
More than 100 suspects have been transferred to Kenya by the Western and other warships patrolling the Indian Ocean to combat piracy.

Kenya, with the Seychelles the only littoral state that has agreed to take in suspects for prosecution, has recently complained that the strain on its over-populated prisons and congested courts was too heavy.

The agreements allowing foreign naval powers to hand over suspects to Kenya instead of taking them back home for prosecution include financial support from the UN Office on Drugs and Crime.

One million dollars have already been paid to Kenya for the development of its judicial and prison capacity.

Trying pirates in courts in these enlightened days is a far cry from the days of drumhead justice, as noted here:

What to do with pirates after they have been apprehended is a particularly sticky issue and it has been approached ad hoc. It is the duty of every state to act against piracy according to the U.N. Convention on the Law of the Sea (UNCLOS). UNCLOS provides the general guidelines for how states must address the issue of piracy. The Convention allows for the reasonable boarding of a suspected pirate vessel and the arrest of those on board. It also provides that any state has the power to try pirates under its own law.

Normally under UNCLOS, Somalia would try Somali pirates caught off its coast; however, Somalia’s judicial system is essentially nonexistent. Thus, if pirates are to be tried at all, they must be tried in other countries. UNCLOS allows all states to exercise universal jurisdiction over pirates. Currently, pirates are standing trial in countries like Kenya, France and the Netherlands.

Despite the permissive provisions of UNCLOS, there are certain legal and practical road blocks in prosecuting pirates outside their home country. Many countries have particularly strict rules for prosecution. For example, Denmark and Germany can prosecute pirates only if they have threatened national interests or citizens. U.S. courts are reluctant to exercise jurisdiction unless the vessel involved is American. Most courts prefer that pirates be tried near where they are apprehended or in their home country.

Maybe there is something to be said for letting the crews of attacked ships sit in judgment of captured pirates who have been shooting at those same crews...

Somali Pirates: MV Faina Cargo offloaded

Reported here, the tanks and other military equipment on board the recently pirate-held vessel MV Faina has been unloaded from the ship and onto rail cars:

The MV Faina cargo have been fully loaded on rail wagons ready for onward transfer to the Kahawa Barracks in Nairobi.

Sources say the cargo is awaiting an official flag off to start the trip anytime later Tuesday or early Wednesday.

The consignment aboard the Ukrainian ship included anti-aircraft guns mounted on four-wheel carriages, rocket propelled grenades, an armoured truck and spare parts.

Military officials, led by Colonel George Kabugi, Deputy Commander of the Kenya Army Armoured Brigade, told journalists that they were happy to receive the cargo.

Somali Pirate: Kenya's Courts and Somali Pirates

Reported in the Wall Street Journal, a delicate balancing act in dealing with captured Somali pirates, set out here:

Catching these pirates is just half the battle. International law makes piracy a crime, but nations have struggled to figure out where to send suspects and how to gather evidence for cases that occurred in international waters. In September, a Danish ship captured 10 alleged pirates, but ended up landing them back onshore in Somalia.

Shortly before the first catch on Wednesday, the USS Vella Gulf commander, Capt. Mark Genung, said he was eager to capture the pirates and gather evidence for "an ironclad case."

"The big holdup was finding someone who would prosecute international piracy," said Coast Guard Lt. Greg Ponzi, an officer on the task force who usually pursues drug runners in U.S. waters.

Bogeta Ongeri, the spokesman for the Kenyan Ministry of State for Defense, said Kenya is eager to cooperate with other nations to combat piracy. But his country is wary of having its courts overwhelmed. "We have taken the lead, but that doesn't mean all pirates will be tried in the Kenyan courts," he said.

Kenya has agreed to take only a limited number of cases. Mr. Ongeri said he couldn't comment on the recent arrests, but that the government would decide which cases to try in part based on where the alleged crimes took place. Kenya has provided the Navy with a checklist of evidence required to prosecute, U.S. officials said.

Somali Pirates: Captured Pirates and Lawfare

Pirates "rights" come to the fore, as set out in "Questions about evidence against suspected pirates":

Questions emerged Friday about whether the U.S. Navy can continue to hold a group of suspected pirates captured on the high seas and kept for now in floating jail cells ringed with barbed wire.

At issue are nine men, probably Somalis, seized off a small skiff in the Gulf of Aden on Thursday. A Navy ship fired warnings shots and sailors boarded the skiff and arrested the men after a distress call from an Indian-flagged merchant ship.

Although defense officials would not be specific, several acknowledged that there may not be enough evidence to hold the men for trial and that some or all might be returned to Somalia.

If a case can be brought, it will be among the first under a new arrangement with Kenya to take on prosecution of suspected Somali pirates.
***
"They obviously had some strong suspicions about these individuals and are right now mulling through the evidence they have to determine whether or not they can be prosecuted," Pentagon spokesman Geoff Morrell said Friday. "If there is insufficient evidence to do so, they'll have to make another determination, and that could well be repatriating them."

Morrell said the men would not be allowed to keep weapons including a rocket-propelled grenade launcher seized from their boat.

Oh, I dunno, I always carry my RPG with me when I go fishing. You know, in case a Great White Shark comes after me . . .

More about this sort of lawfare later. By the way, the photo is of a shark, not a lawyer . . . though it can be hard to tell the difference.

UPDATE: (2-15-09) One group expressing doubts of the fairness of the treatment of pirates by the U.S. by sending them to Kenya for trial is Human Rights Watch, as set out here:

Ben Rawlence of the New York-based Human Rights Watch tells VOA that his group is concerned that in its eagerness to bring pirates to justice, the United States may be overlooking a critical problem in Kenya, which is likely to affect the way pirates are detained and prosecuted.

"There are major, major problems with the Kenyan justice system," he said. "No one really is guaranteed the right to a fair trial in that system. The police have a terrible record of long periods of detention without trial, terrible conditions in the prisons, very poor record of access to legal representation, interminable delays in the court process. The Kenyan justice system is in a terrible state."
***
Rawlence says charges of mistreatment or abuse of suspected Somali pirates brought to Kenya under a vague, little publicized agreement could again stir up anger and resentment among Muslims in Somalia and the region.

"There is a very real risk that this agreement might be perceived as an attack on Muslims. Anything that the United States does is subject to a high degree of suspicion," he said. "Any kind of secret agreement is bound to spawn all sorts of speculation about what sort of nefarious practices are going on. So, it is in the interest of the U.S. and Kenya to be as open and as transparent as possible about this."

HRW has previously blamed the U.S. for Somalia's plight. I have been unable to locate an article by a HRW personage condemning the pirates for the way in which they treat their captive sailors or for their acts of piracy, or pirates shooting at ships and crews with automatic weapons and rocket propelled grenades.

Somali Pirates: U.S. Navy nabs another 9 pirates

USS Vella Gulf stays active with the arrest of another nine Somali pirates in the Gulf of Aden, as reported here:

The guided missile cruiser USS Vella Gulf intercepted and caught nine suspected pirates after the crew of the Indian-flagged Motor Vessel Premdivya said it had been fired on and people were attempting to board their vessel, the Navy said.

In a similar incident Wednesday, the Navy seized seven suspected pirates. It was taking them to Kenya under an agreement that the African nation will prosecute pirates from lawless Somalia.

Pentagon spokesman Bryan Whitman said officials are gathering more information and evidence on Thursday's incident so they could turn the suspects over to authorities for prosecution, most likely also to Kenya.

In Thursday's capture, the skiff of suspected pirates stopped fleeing after a helicopter crew from the Vella Gulf fired two warning shots. The skiff was searched and some items were seized, but Whitman did disclose what they were. Weapons, including rocket-propelled grenades, were also found, he said.

The suspected pirates were taken to the supply ship USNS Lewis and Clark, which now has all 16 captured Wednesday and Thursday.

I don't know what the daily or bag limits are on Gulf of Aden pirates, but some of these suspects are getting their first helicopter rides, perp walks and beans and rice at U.S. taxpayer expense as Lewis and Clark loads up before sending this "foot soldiers" in the pirate war off to Kenya for trial. The bigger fish are safely ashore, though bagging enough low level pirates will slow the growth of their pocketbooks in time - as will a shortage of small boats and motors which, I presume, are also being bagged. AK-47s and RPGs are too plentiful to have much impact . . .

I assume the face masks worn by all are to make sure no one trades bad germs or viruses . . .

UPDATE: The weather must be better in the Gulf of Aden - Spain report busting up an attempted pirate attack:

A Spanish warship Thursday foiled an attack by pirates on a merchant ship in the Gulf of Aden off Somalia, the defence ministry said.

It said a helicopter from the frigate Victoria, participating in the European Union's new task force in the region, fired warning shots at the pirate vessel.

The Victoria first received an alert from a Cypriot-registered bulk carrier, the Jolbos, on Thursday afternoon saying it had come under attack from pirates, the ministry said in a statement.

The helicopter pilot then contacted the crew, who said their vessel had come under rocket fire but that they had taken evasive action to avoid the pirates.

The pirates then approached another merchant ship, the UAE-registered Dubai, but were scared off by warning shots from the helicopter, the statement said.

SPS Victoria is a Spanish version of a U.S. Perry-class frigate.

Pirate Fighting: Roundtable with RADM McKnight, CTF-151

I was involved in a DOD sponsored Bloggers' Roundtable with RADM McKnight, who leads CTF-151, the newly created coalition anti-piracy task force. A transcript and a recording will be available this afternoon. In the meantime, and subject to extension and revision, here are some rough notes:

1. CTF-151 is not a "fix Somalia" task force. Its function is to thwart pirates in the Gulf of Aden in cooperation with the forces of other nations, the EU and whoever else shows up.
2. There are currently 14 nations and some 20 ships operating in the Gulf of Aden. One concern for CTF-151 is deconfliction and coordination among these units. To that end CTF-151 has contact with the EU force and the Chinese force. This is important as there are also numbers of helicopters, maritime patrol aircraft and various small boats and LCACs operating as part of the anti-pirate effort.
3. The primary focus is preventing attacks and halting those in progress before a ship is hijacked. This requires the merchant ships to be awake to the threat and quick response by the forces (the admiral referred to the "Magic 30 Minutes" -UPDATE "Golden 30 Minutes" is what he actually said). The goal is to "make it unpleasant to be a pirate."
4. The effort is somewhat akin to a wild west cattle drive - cowboys (escorts) patrol on the outskirts of the herd movement hoping to be in position to head off trouble. There will be some leakers, but the goal is protection of the sea lanes, not necessarily any individual ship. The function of the Maritime Security Patrol Areas (see here) is to provide some organization to the process. It's not a pure convoy system, but an "area protection system" by narrowing the area better coverage can be provided.
5. The level of cooperation has been good. This is not a competition among nations to gain exclusive control of sea lanes, but a mutually beneficial exercise in securing sea lanes for the benefit of all mankind except the Somali pirates.
6. A recent agreement with Kenya (see here) will allow captured pirates to be transported there for trials. While the exaxct terms are still being work on, the counter-piracy effort is being treated as a law-enforcement matter, not as "warfare." Captured pirates are being afforded normal legal protections and evidence is being gathered for prospective trials. No drumhead trials and hanging from yardarms. On the other hand, if the pirates appear to or actually threaten coalition forces, counter fire is allowed.
7. It currently appears that at least some forces are in the fight for the long haul. My initial question was about the willpower of the forces in the Gulf of Aden and whether the pirates can outlast their staying power. The admiral did not believe this to be a problem.
8. Finding the pirates is hard. Their small boats, which are fishing boats, look just like small fishing boats and are hard to spot on radar or in the clutter of other, non-pirate fishing fleets. One of the reasons for new Maritime Security Patrol Areas (see #4 above) is to move the transit lanes further away from Yemeni fishing grounds to ease the sorting out process.
9. The pirates are about "99.9%" Somali.

UPDATE: Transcript available here. MP3 here. Highlights:

Some things that have changed that have helped us in this case to combat the piracy: First of all, the United Nations has come out with several resolutions -- the most current ones are 1846 and 1851 -- that gives us more authority to combat piracy. The other thing that has changed dramatically in the area is the maritime community. We have tried very hard to say to the maritime community, you know, there's just not enough Navy ships out here to cover 1.1 million square miles, so we're trying to put you in like a, what we call the -- what we call it is the UKMTO Corridor. Basically, visualize it as an interstate system where you transit east and west. So we say, "If you can transit in this corridor, we will offer you as much protection as we possibly can." So that seems to be working.

Right now, we have about 14 nations out here with about 20 ships, so there's a lot of activity out here with military aircraft and ships. And my biggest concern, of course, is deconfliction and coordination. And we've had an excellent response from the ships that have been out here working on that.

I have talked directly to the commodore of the EU task force; I have exchanged e-mails with the Chinese, and have talked to -- (audio break) -- the ships that are out here. So it appears that it's been working pretty fairly in the last couple of months.

The other thing that has been a success for us, and always good, is the weather. When the -- these skiffs that the pirates have are not much bigger than a Boston whaler, so when the weather picks up, they tend to stay at home, and not out here.

***

Q Okay. Two more very quick questions. Are any of the pirates coming out of Yemen? And also, we keep hearing about mother ships for these small vessels. Are there, in fact, mother ships, or is that a media invention?

ADM. MCKNIGHT: No, there are mother ships. In fact, that's what -- what we tend to see happens is a mother ship will either drag along couple skiffs with it and have probably 10 or 15, 20 pirates on board, and then they'll send the skiffs out to, you know, go after a merchant vessel. So, yes, there are mother ships. And that allows them to stay out for an extended period of time so they don't have to go back to Somalia.

The pirates that we have seen are -- and I think I've got it right -- 99.99 percent are from Somalia. They have -- and we've seen times that they hang out -- (audio break) -- territorial waters. And it's unfortunate the coast guard for Yemen just does not have the capability to patrol their waters. But we have them that they'll come up there and hide out in the waters and then come south.
***
Q Good morning, Admiral. My -- I -- first, can I sneak in a question from Steeljaw Scribe? He e-mailed it to me. He says, regarding CTF-151, what do you see as the greatest challenge to the successful execution of your mission?

ADM. MCKNIGHT: Well, I think the couple challenges -- like I mentioned earlier, when -- people who are under my task force, I can direct them, you know, how to put helicopters in the air, how to manage the ships. The problems that I foresee -- if you're in a -- you know, it's just like running, you know, a highway system. If there's 14 nations and 20-plus ships, and most of them have helicopters and maritime patrol aircraft, the biggest concern is coordination and deconfliction, because what we don't want to happen is have a accident where two friendly helicopters run into each other.
***
Q Yeah, just -- it was just a comment. And I have a question about the Kenyan matter. I don't know how much detail you can go into or if this is purely a lawyer question. There's a lot of -- I've been getting a lot of e-mails containing law-review articles and cites about the rights that should be afforded to the pirates. Have -- what kind of rules are -- of -- for captured pirates, what kind of rules are our sailors operating under, if you can let me know?

ADM. MCKNIGHT: It's strictly the -- I'll probably get the wrong terms, but it's the -- strictly what human -- you know, they -- we retrieved these -- (audio break) -- (accordance ?) with all rules and regulations. We would -- you know, we'd -- of course we'd, you know, ask them questions. We'd treat them well. Law enforcement -- it's a law-enforcement mission, so we would treat them just like any other law-enforcement thing.

And let me just clarify one thing here. I don't think we'll ever stop pirates. We will do our best to bring the numbers down. When you think of the number of ships that pass through here a year, between 23(,000) and 25,000 vessels -- and the chances of getting pirated here are pretty slim.

But we think that we've had a pretty good success rate in the last couple months.

Somali Pirates: Kenya, US Agree to Deal on Piracy

VOA reports Kenya, US Agree to Deal on Piracy:

Kenya and the United States have signed a memorandum of understanding that will allow pirates captured off Kenya's coast to be tried in Kenyan courts. The international community has been searching for ways to prosecute pirates since the rate of attacks in the region spiked, last year.
***
Britain has already reached a similar agreement to hand over pirates to Kenyan authorities. Eight pirates detained last year are facing charges in the Kenyan port city, Mombasa.

Somalia Pirates: New south Somalia group?

That's the question posed in the November 14 Piracy Alert fron the IMB Piracy Reporting Centre here, following a series of new incidents away from the Gulf of Aden:

23.10.2008: 1737 UTC: Posn: 03:47S – 042:46E: 180nm of Mombasa, Kenya. * Pirates in two speedboats chased and fired on a container ship underway. Later, the speedboats aborted. Vessel sustained bullet-hole damages.

13.11.2008: 1245 UTC: Posn: 04:51.4S – 044:4.1E: off Kenya / southern Somalia. * Pirates heavily armed with automatic weapons and RPG in white speedboats chased and fired on a containers ship underway. Master took evasive manoeuvres and prevented boarding. Ship sustained damage and fire due to the gunshots and RPG.

14.11.2008: Kenyan waters * Unconfirmed report indicated that pirates attacked and hijacked a fishing vessel from Kenyan waters. They sailed the vessel into Somali waters. 24 crewmembers taken hostage onboard. Further details waited.

It appears that a different group of pirates believed to be Somali pirates may be operating further south of Somalia probably targeting ships enroute to Mombasa, Kenya, where ships would sail closer to coast to arrive port.

All ships are strongly advised to maintain a strict 24 hours visual and radar watch off Kenya and Somalia. Early assessment / detection will allow ships to take evasive measures to prevent boarding and request for assistance.

Given the reported capture of a VLCC in nearby waters (see here), that's good advice.

UPDATE: Based on IMB info and thecapture of the Saudi tanker, I developed the new "Danger Zone" map seen above.

Pirates attack ship in Kenyan waters

Reported here, an attack on a Singapore registered ship in Kenyan waters:

A Singapore registered ship, the Kota Hening, was attacked by suspected Somali pirates on Thursday night in Kenya’s territorial waters, 180 nautical miles from Mombasa port.

The ship, owned by ASL Shipping PTE and managed by Anglo-Eastern Ltd of UK, had 330 containers on board.
***
“We received a distress call and alerted the security agencies,” port harbour master Captain Twalib Khamis said.

He said armed pirates in three speed boats surrounded the ship and fired several shots but did not cause much damage.

The ship, with 22 crew members — four Indians and 18 Indonesians — arrived safely at Mombasa port at 10am.

Maritime sources told the Nation that the 8pm attack raised questions over the Kenya Navy’s effectiveness in safeguarding the country’s territorial waters as this was the second time a ship had been attacked in Kenyan waters in the past week.

The sources, who declined to name the ship, said the earlier attack, though unsuccessful, took place near Lamu.